The main tenancy changes in the Renters’ Rights Act took effect on 1 May 2026. They changed how private tenancies in England start, run, and end. For many landlords, the risk now sits in small admin oversights. Understanding your responsibilities under the Act can help you avoid these mistakes and stay on top of the new requirements.
Below, you’ll find common errors landlords make, what they can lead to, and the steps that prevent them. Most are easy to fix once you know where to look. A little preparation now can save weeks of stress later.
Related reading: Aligning with the Renters’ Rights Act: why landlords should work with a letting agent
Using a tenancy agreement built for the old rules
Fixed-term assured shorthold tenancies have ended. Since 1 May 2026, most private tenancies have been assured periodic tenancies with no set end date. An old template may still mention fixed terms, break clauses, or Section 21 notices. These clauses can confuse tenants and weaken your position in a dispute.
Handling rent the way you always have
Rent increases now follow one formal process, used no more than once a year. Getting that process wrong can delay an increase for months. Three rent habits from the old system tend to cause the most trouble.
Raising the rent without a Section 13 notice
A rent increase needs a Section 13 notice, using the prescribed form (Form 4A). You must give the tenant at least two months’ notice before the new rent starts. Informal messages, like a text or quick email, carry no legal weight. Tenants can ask the First-tier Tribunal to review the proposed rent.
Relying on a rent review clause
Many older agreements include a clause that raises the rent by a set amount or percentage. Under the Act, these clauses have no legal effect, however clearly they are worded. Following one could mean collecting rent the tenant later challenges.
Accepting offers above the asking rent
When advertising a rental property, you must clearly state the asking rent. Under the Renters’ Rights Act, you cannot invite, encourage or accept offers above the advertised amount, even if a tenant offers to pay more. Make sure anyone handling enquiries or viewings understands these rules to avoid accidental breaches.
Related reading: No rental bidding: how landlords should choose between multiple applicants (fair, documented and defensible)
Leaving out information tenants must receive
Every new tenancy needs a written statement of terms. It records key details, such as the rent, the deposit, and who handles which repairs. Existing tenancies with a written agreement needed the government’s information sheet, while those without one needed a written statement. If either slipped through, send it now.
Standard safety and deposit paperwork still applies alongside these documents:
- Gas safety record
- Energy Performance Certificate (EPC)
- Electrical Installation Condition Report (EICR)
- Deposit protection details and prescribed information
Misreading the possession grounds
Possession now works through Section 8 grounds only, since Section 21 has been abolished. Each ground comes with its own notice period, evidence needs, and conditions.
Selling up or moving back in
Landlords can still regain possession to sell, or to house themselves or a close family member. Neither ground can take effect in a tenancy’s first 12 months, and each needs four months’ notice. The property then cannot be re-let or marketed during a 12-month restricted period.
Related reading: Ground 1 & 1A for let properties: A practical timeline for landlords who need possession to sell or move in
When rent goes unpaid
Ground 8, for serious rent arrears, now needs three months’ arrears. For weekly or fortnightly rent, the threshold is 13 weeks. Notice is four weeks, and arrears caused by Universal Credit payment delays are left out of the count. A payment plan agreed early can keep arrears below that line.
How small oversights turn into real costs
A small mistake can grow if nobody spots it. One missing document or wrong notice can affect your income, your time, and your relationship with your tenant. Most of the cost shows up in two places: delay and enforcement.
Disputes that drag on for weeks
An invalid notice usually sends you back to the start. Courts can reject possession claims built on the wrong ground or missing paperwork. Each restart adds weeks, legal fees, and lost rent. Goodwill suffers too, making everyday issues harder to settle.
Enforcement action from your local council
Local councils now have stronger powers to enforce the rules. They can issue civil penalties for breaches such as accepting rental bids or failing to provide required information. Repeated or serious breaches can lead to higher penalties. In some cases, tenants can apply for a rent repayment order.
Simple habits that keep you compliant
Prevention takes less effort than putting things right afterwards. Good landlord property management advice often comes down to two things: an honest review now and steady habits from then on. The three steps below cover both.
Check your paperwork and letting processes
Start with the documents and processes you use most often. The government’s official guidance especially for landlords explains each change in plain language. Work through it with your current paperwork open beside you. Pay close attention to these two areas:
- Letting criteria: blanket bans on families with children or tenants receiving benefits are now unlawful.
- Pet requests: reply in writing within 28 days, and refuse only on reasonable grounds.
Related reading: Protecting your rental income fairly: compliant affordability checks and safer screening policies
Keep records that tell the full story
Good records let you show what happened and when. They matter most when a tenant, council, or tribunal starts asking questions. Keep these up to date:
- Copies of notices and proof of delivery
- Rent payment records and outstanding balances
- Repair requests, responses and completion dates
- Safety certificates and renewal reminders
Ask for help before serving a notice
Some situations are hard to judge alone, such as slowly building arrears or a tenant challenging a rent increase. A qualified letting agent or solicitor can check a notice before you serve it. Advice at that stage usually costs less than correcting a failed claim.
Where compliance meets rental performance
Compliance and performance tend to move together. A well-run tenancy usually produces steadier income and fewer surprises. Two things drive that link: how long tenants stay and whether the rent is set right.
Settled tenants keep income predictable
Tenants can now end a tenancy by giving two months’ notice. That gives a good working relationship real financial value. Tenants who feel fairly treated and see repairs handled promptly tend to stay longer. Fewer void periods mean fewer gaps in rent and lower re-letting costs.
A rental valuation shows what your property could earn
Because increases follow a fixed annual process, the starting rent carries extra weight. A landlord rental valuation compares your property with similar homes nearby. It can point out improvements that may support a stronger rent. At Newton Fallowell, our local lettings team can review your arrangements at the same time.
If you would like a fresh look at your tenancy paperwork or your property’s rental potential, contact your local Newton Fallowell branch. One short conversation can show you where your let stands today. From there, you can plan your next steps with confidence.
